CHange employer while I485 pending

[lemmeno]

Hi, I currently work for company A in a sr. tech position role (no direct reports).

Applied for I-140/485 from this employer A and waiting for it's approval. I did get my EAD/AP card though.

Meanwhile, got a position offered by company B with a tech manager role (with direct reports).

If I do use EAD and move to company B - how risk is this move or if there are things I need to consider before making the switch. 

Any expert advise would be highly appreciated.

Thanks much in advance.

[Rakesh_1]

You can move to Company B on EAD and ask company B to file H1B extension to protect your status just i case of your 485 is not approved , H1B will protect your status.

Regarding the direct reports vs no reports , hope SOC code initial 2 digits matching , roles and responsibilities will not change , if same roles and responsibilities with career progression , uscis will treat as normal case. 

[Rakesh_1]

Make sure you submit the 485-J from company B as well.

[m_user]

So changing the employer after 180 days is not allowed without EAD?

[lemmeno]

On 5/20/2021 at 11:17 AM, Rakesh_1 said:

Regarding the direct reports vs no reports , hope SOC code initial 2 digits matching , ro

Thanks Rakesh. I believe my roles and responsibilities will be quite different in this role (moving from technical to managerial). Is that not considered as a safe option to switch in that case?

 

[thokkalohdi]

On 5/25/2021 at 9:15 AM, lemmeno said:

Thanks Rakesh. I believe my roles and responsibilities will be quite different in this role (moving from technical to managerial). Is that not considered as a safe option to switch in that case?

You need to be careful, consult lawyer while you determine the SOC code of the new "managerial" position. Read this

https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5 -> Point 7.)

You can move for example, you are Sr Devops engineer or Sr. java programmer and you get Manager of Engineering, Devops or Manager of Devlopment, Java. Title is one thing, then getting a SOC corresponding to the title is also important. So you need to show career progression.

When moving to managerial position, lot of people recommend to carefully work with Laywer to determine if you fall under AC21 (old and new jobs)... make sure the job responsibilities of new offer have the overlap with old one etc... before you accept the new position.

The intent, to me, seems like they dont want people apply in EB category as a programmer and once they get EAD move as Manager of Supply Chain or manufacturing... etc. Because you are not yet granted Green Card.. and you are claiming the benefits under the EB category. But the rules and regulations are different beast..

 

[Melissa_Wood]

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